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Cantwell v. Frantz8/8/2001
's Second Assignment of Error is sustained. For the reasons stated in the foregoing opinion, the judgment of the Court of Common Pleas, Stark County, Ohio, is hereby reversed and remanded for further proceedings consistent with this opinion.
Wise, J. Boggins, J., concurs. Hoffman, P. J., concurs separately.
Hoffman, P.J., concurring
I concur in the result reached by the majority. However, I would not limit tolling for partial days only to those days for which the plaintiff shows any activity in commencing the action or completing service would not have been reasonably possible. R.C. 2305.15(A) is a remedial statute. Remedial statutes are to be liberally construed in order to allow cases to be decided upon their merits. When liberally construing R.C. 2305.15(A), any portion of a day in which a defendant is out of the state does not count for purposes of determining whether the action is commenced within the applicable statute of limitations.
JUDGE WILLIAM B. HOFFMAN
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